If I’m on full-time H1B and my contract says 35 hours per week but I’m getting only 33 hours, can I break it since my employer isn’t not following full-time employment rules?

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If I’m on full-time H1B and my contract says 35 hours per week but I’m getting only 33 hours, can I break it since my employer isn’t not following full-time employment rules?

Asked on October 11, 2014 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

YOur employment is at will employment so you can quit your job at any time or demand that you have as many hours as your approved petition indicates.  However, please note that as soon as you quit your job, you also lose your H-1B status so i would suggest that you secure alternate employment before you make this move.


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